second assignment error (Pennsylvania) · Go Syfert
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second assignment error in Pennsylvania

40 Pennsylvania opinions name it 4 courts 1888–1979 0 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Petruzzi Estategreen
pa · 1963 · cited in 1 Pennsylvania opinions naming this issue, 1979–1979
2 sentences

1979The second assignment of error represents a polyglot of arguments attempting to demonstrate appellee’s failure to establish its claim against the estate by evidence which is “clear, direct, precise and convincing.” In re Est. of Edward Hilary Reuss, Deceased, 422 Pa. 58, 62, 220 A.2d 822, 825 (1966); Petruzzi Estate, 410 Pa. 554, 557 , 190 A.2d 314, 315 (1963); Petro v. Secary Est., 403 Pa. 540, 543 , 170 A.2d 325, 327 (1961).

1979The second assignment of error represents a polyglot of arguments attempting to demonstrate appellee’s failure to establish its claim against the estate by evidence which is “clear, direct, precise and convincing.” In re Est. of Edward Hilary Reuss, Deceased, 422 Pa. 58, 62, 220 A.2d 822, 825 (1966); Petruzzi Estate, 410 Pa. 554, 557 , 190 A.2d 314, 315 (1963); Petro v. Secary Est., 403 Pa. 540, 543 , 170 A.2d 325, 327 (1961).

11
Petro v. Secary Estategreen
pa · 1961 · cited in 1 Pennsylvania opinions naming this issue, 1979–1979
2 sentences

1979The second assignment of error represents a polyglot of arguments attempting to demonstrate appellee’s failure to establish its claim against the estate by evidence which is “clear, direct, precise and convincing.” In re Est. of Edward Hilary Reuss, Deceased, 422 Pa. 58, 62, 220 A.2d 822, 825 (1966); Petruzzi Estate, 410 Pa. 554, 557 , 190 A.2d 314, 315 (1963); Petro v. Secary Est., 403 Pa. 540, 543 , 170 A.2d 325, 327 (1961).

1979The second assignment of error represents a polyglot of arguments attempting to demonstrate appellee’s failure to establish its claim against the estate by evidence which is “clear, direct, precise and convincing.” In re Est. of Edward Hilary Reuss, Deceased, 422 Pa. 58, 62, 220 A.2d 822, 825 (1966); Petruzzi Estate, 410 Pa. 554, 557 , 190 A.2d 314, 315 (1963); Petro v. Secary Est., 403 Pa. 540, 543 , 170 A.2d 325, 327 (1961).

11
Reuss Estategreen
pa · 1966 · cited in 1 Pennsylvania opinions naming this issue, 1979–1979
2 sentences

1979The second assignment of error represents a polyglot of arguments attempting to demonstrate appellee’s failure to establish its claim against the estate by evidence which is “clear, direct, precise and convincing.” In re Est. of Edward Hilary Reuss, Deceased, 422 Pa. 58, 62, 220 A.2d 822, 825 (1966); Petruzzi Estate, 410 Pa. 554, 557 , 190 A.2d 314, 315 (1963); Petro v. Secary Est., 403 Pa. 540, 543 , 170 A.2d 325, 327 (1961).

1979The second assignment of error represents a polyglot of arguments attempting to demonstrate appellee’s failure to establish its claim against the estate by evidence which is “clear, direct, precise and convincing.” In re Est. of Edward Hilary Reuss, Deceased, 422 Pa. 58, 62, 220 A.2d 822, 825 (1966); Petruzzi Estate, 410 Pa. 554, 557 , 190 A.2d 314, 315 (1963); Petro v. Secary Est., 403 Pa. 540, 543 , 170 A.2d 325, 327 (1961).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (68)

CaseCitedYears
Commonwealth v. Conner green
pa · 1971
2 sentences

1974Under these circumstances appellant's contention in this regard is without merit. [3] See Commonwealth v. Conner, 445 Pa. 36 , 282 A.2d 23 (1971). *242 The second assignment of error is that his confession should have been suppressed because he was not informed of the nature of the crime about which he was to be questioned, he was not provided with counsel, and his physical and mental condition was such that his will was overborne, rendering his confession involuntary.

1974Under these circumstances appellant's contention in this regard is without merit. [3] See Commonwealth v. Conner, 445 Pa. 36 , 282 A.2d 23 (1971). *242 The second assignment of error is that his confession should have been suppressed because he was not informed of the nature of the crime about which he was to be questioned, he was not provided with counsel, and his physical and mental condition was such that his will was overborne, rendering his confession involuntary.

11974–1974
Hazen Engineering Co. v. Pittsburgh green
pasuperct · 1959
2 sentences

1972But it does not of necessity follow that appellant is entitled to the same consideration, for as the court said in Hazen Engineering Co. v. Pittsburgh, 189 Pa. Superior Ct. 531, 540-41 , 151 A. 2d 855 (1959): "Doing the same thing by different people under different circumstances has been held to be manufacturing in one case and not manufacturing in the other." The second assignment of error is that the lower court abused its discretion in not permitting appellant to reopen the record for the purpose of offering additional evidence which would have demonstrated eligibility for the manufacturin

1972But it does not of necessity follow that appellant is entitled to the same consideration, for as the court said in Hazen Engineering Co. v. Pittsburgh, 189 Pa. Superior Ct. 531, 540-41 , 151 A. 2d 855 (1959): "Doing the same thing by different people under different circumstances has been held to be manufacturing in one case and not manufacturing in the other." The second assignment of error is that the lower court abused its discretion in not permitting appellant to reopen the record for the purpose of offering additional evidence which would have demonstrated eligibility for the manufacturin

11972–1972
United States v. Lynch green
ca3 · 1942
1 sentence

1964Where one pleads guilty to a criminal charge before the court, that is a confession of guilt: Commonwealth v. Simmons, 361 Pa. 391 , 65 A. 2d 353 (1919), cert. denied, 338 U. S. 862 , 70 S. Ct. 96 (1949); United States v. Lynch, 132 F. 2d 111 (1942), cert. denied, 318 U. S. 777 , 63 S. Ct. 831 (1943); United States v. Fox, 130 F. 2d 56 (1942), cert. denied, 317 U. S. 666 , 63 S. Ct. 74 (1942); Com. ex rel.

11964–1964
United States v. Fox green
ca3 · 1942
1 sentence

1964Where one pleads guilty to a criminal charge before the court, that is a confession of guilt: Commonwealth v. Simmons, 361 Pa. 391 , 65 A. 2d 353 (1919), cert. denied, 338 U. S. 862 , 70 S. Ct. 96 (1949); United States v. Lynch, 132 F. 2d 111 (1942), cert. denied, 318 U. S. 777 , 63 S. Ct. 831 (1943); United States v. Fox, 130 F. 2d 56 (1942), cert. denied, 317 U. S. 666 , 63 S. Ct. 74 (1942); Com. ex rel.

11964–1964
Fox v. United States green
scotus · 1942
1 sentence

1964Where one pleads guilty to a criminal charge before the court, that is a confession of guilt: Commonwealth v. Simmons, 361 Pa. 391 , 65 A. 2d 353 (1919), cert. denied, 338 U. S. 862 , 70 S. Ct. 96 (1949); United States v. Lynch, 132 F. 2d 111 (1942), cert. denied, 318 U. S. 777 , 63 S. Ct. 831 (1943); United States v. Fox, 130 F. 2d 56 (1942), cert. denied, 317 U. S. 666 , 63 S. Ct. 74 (1942); Com. ex rel.

11964–1964
Mead v. Commissioner green
scotus · 1943
1 sentence

1964Where one pleads guilty to a criminal charge before the court, that is a confession of guilt: Commonwealth v. Simmons, 361 Pa. 391 , 65 A. 2d 353 (1919), cert. denied, 338 U. S. 862 , 70 S. Ct. 96 (1949); United States v. Lynch, 132 F. 2d 111 (1942), cert. denied, 318 U. S. 777 , 63 S. Ct. 831 (1943); United States v. Fox, 130 F. 2d 56 (1942), cert. denied, 317 U. S. 666 , 63 S. Ct. 74 (1942); Com. ex rel.

11964–1964
Saunders v. Helvering green
scotus · 1943
1 sentence

1964Where one pleads guilty to a criminal charge before the court, that is a confession of guilt: Commonwealth v. Simmons, 361 Pa. 391 , 65 A. 2d 353 (1919), cert. denied, 338 U. S. 862 , 70 S. Ct. 96 (1949); United States v. Lynch, 132 F. 2d 111 (1942), cert. denied, 318 U. S. 777 , 63 S. Ct. 831 (1943); United States v. Fox, 130 F. 2d 56 (1942), cert. denied, 317 U. S. 666 , 63 S. Ct. 74 (1942); Com. ex rel.

11964–1964
Barmore v. Foster green
scotus · 1949
1 sentence

1964Where one pleads guilty to a criminal charge before the court, that is a confession of guilt: Commonwealth v. Simmons, 361 Pa. 391 , 65 A. 2d 353 (1919), cert. denied, 338 U. S. 862 , 70 S. Ct. 96 (1949); United States v. Lynch, 132 F. 2d 111 (1942), cert. denied, 318 U. S. 777 , 63 S. Ct. 831 (1943); United States v. Fox, 130 F. 2d 56 (1942), cert. denied, 317 U. S. 666 , 63 S. Ct. 74 (1942); Com. ex rel.

11964–1964
Pennsylvania ex rel. Darcy v. Handy green
scotus · 1949
1 sentence

1964Where one pleads guilty to a criminal charge before the court, that is a confession of guilt: Commonwealth v. Simmons, 361 Pa. 391 , 65 A. 2d 353 (1919), cert. denied, 338 U. S. 862 , 70 S. Ct. 96 (1949); United States v. Lynch, 132 F. 2d 111 (1942), cert. denied, 318 U. S. 777 , 63 S. Ct. 831 (1943); United States v. Fox, 130 F. 2d 56 (1942), cert. denied, 317 U. S. 666 , 63 S. Ct. 74 (1942); Com. ex rel.

11964–1964
Commonwealth v. Simmons green
pa · 1948
2 sentences

1964Where one pleads guilty to a criminal charge before the court, that is a confession of guilt: Commonwealth v. Simmons, 361 Pa. 391 , 65 A. 2d 353 (1919), cert. denied, 338 U. S. 862 , 70 S. Ct. 96 (1949); United States v. Lynch, 132 F. 2d 111 (1942), cert. denied, 318 U. S. 777 , 63 S. Ct. 831 (1943); United States v. Fox, 130 F. 2d 56 (1942), cert. denied, 317 U. S. 666 , 63 S. Ct. 74 (1942); Com. ex rel.

1964Where one pleads guilty to a criminal charge before the court, that is a confession of guilt: Commonwealth v. Simmons, 361 Pa. 391 , 65 A. 2d 353 (1919), cert. denied, 338 U. S. 862 , 70 S. Ct. 96 (1949); United States v. Lynch, 132 F. 2d 111 (1942), cert. denied, 318 U. S. 777 , 63 S. Ct. 831 (1943); United States v. Fox, 130 F. 2d 56 (1942), cert. denied, 317 U. S. 666 , 63 S. Ct. 74 (1942); Com. ex rel.

11964–1964
Lockhart v. Severance green
sc · 1902
1 sentence

1964Where one pleads guilty to a criminal charge before the court, that is a confession of guilt: Commonwealth v. Simmons, 361 Pa. 391 , 65 A. 2d 353 (1919), cert. denied, 338 U. S. 862 , 70 S. Ct. 96 (1949); United States v. Lynch, 132 F. 2d 111 (1942), cert. denied, 318 U. S. 777 , 63 S. Ct. 831 (1943); United States v. Fox, 130 F. 2d 56 (1942), cert. denied, 317 U. S. 666 , 63 S. Ct. 74 (1942); Com. ex rel.

11964–1964
Kennedy v. Rothrock Co. green
mont · 1918
2 sentences

1941Kress House Moving Co. v. George Hogg Co., 263 Pa. 191, 195 , 106 A. 351 ; Kennedy et al. v. Rothrock Co., Inc., 261 Pa. 580, 588 , 104 A. 746 .

1941Kress House Moving Co. v. George Hogg Co., 263 Pa. 191, 195 , 106 A. 351 ; Kennedy et al. v. Rothrock Co., Inc., 261 Pa. 580, 588 , 104 A. 746 .

11941–1941
Pennsylvania Co. for Insurances on Lives & Granting Annuities v. Philadelphia green
· 1918
2 sentences

1941Meyers.” The appellee contends that this case falls squarely within the rule as laid down by the Supreme Court of Pennsylvania in the case of Pennsylvania Co. for Insurance on Lives and Granting Annuities, Trustee v. Philadelphia, 262 Pa. 439 , 105 A. 630 .

1941Meyers.” The appellee contends that this case falls squarely within the rule as laid down by the Supreme Court of Pennsylvania in the case of Pennsylvania Co. for Insurance on Lives and Granting Annuities, Trustee v. Philadelphia, 262 Pa. 439 , 105 A. 630 .

11941–1941
Kress House Moving Co. v. George Hogg Co. neutral
pa · 1919
2 sentences

1941Kress House Moving Co. v. George Hogg Co., 263 Pa. 191, 195 , 106 A. 351 ; Kennedy et al. v. Rothrock Co., Inc., 261 Pa. 580, 588 , 104 A. 746 .

1941Kress House Moving Co. v. George Hogg Co., 263 Pa. 191, 195 , 106 A. 351 ; Kennedy et al. v. Rothrock Co., Inc., 261 Pa. 580, 588 , 104 A. 746 .

11941–1941
Henkel v. Wabash Pittsburg Terminal Railroad neutral
pa · 1906
2 sentences

1936Co., 213 Pa. 485 , 62 A. 1085 , that a party against whose interest a witness has testified may show that the opinion expressed is valueless as evidence because it is founded on a misapprehension of the facts, and that this rule does not offend against the rule that “the proper test of the value of land taken under the right of eminent domain is its market value and that this value is not to be ascertained by proof of particular sales but by the general selling price of land similarly situated.” The second assignment of error is based on the court’s sustaining plaintiffs’ objection to defendan

1936Co., 213 Pa. 485 , 62 A. 1085 , that a party against whose interest a witness has testified may show that the opinion expressed is valueless as evidence because it is founded on a misapprehension of the facts, and that this rule does not offend against the rule that “the proper test of the value of land taken under the right of eminent domain is its market value and that this value is not to be ascertained by proof of particular sales but by the general selling price of land similarly situated.” The second assignment of error is based on the court’s sustaining plaintiffs’ objection to defendan

11936–1936
McGlinn Distilling Co. v. Dervin neutral
pa · 1918
2 sentences

1936(See McGlinn Distilling Co. v. Dervin, 260 Pa. 414 , 103 A. 872 .) Appellant complains of a ruling by the trial judge on the matter of evidence and contends that the charge was, inter alia, “erroneous, inadequate and prejudicial.” The second assignment of error is based upon the court’s overruling defendant’s objection to the question put to the witness David D.

1936(See McGlinn Distilling Co. v. Dervin, 260 Pa. 414 , 103 A. 872 .) Appellant complains of a ruling by the trial judge on the matter of evidence and contends that the charge was, inter alia, “erroneous, inadequate and prejudicial.” The second assignment of error is based upon the court’s overruling defendant’s objection to the question put to the witness David D.

11936–1936
Greenspan v. Margolis neutral
· 1918
1 sentence

1935Kirker v. Wylie, supra; Greenspan v. Margolis, 70 Pa. Superior Ct. 373 . *202 The appellant’s second assignment of error is to the court’s failure to charge as follows: “If the jury believe from the testimony that the insertion of the personal liability clause in the deed from Nedwidek to Larson was a mistake of the scrivener and that no one authorized him to insert the same, their verdict must be for the defendant.” Marcellus G.

11935–1935
Commonwealth v. Simon green
pasuperct · 1910
1 sentence

1934So that you may take the corroboration of one co-defendant by the other co-defendant, and if you do not think that is corroboration, if you do not think they are credible witnesses, of course you have no right to accept their testimony.” There is no rule of law in this state that forbids a conviction on the uncorroborated testimony of an accomplice (Com. v. DeMasi, 234 Pa. 570, 572 , 83 A. 601 ; Com. v. Elliot, 292 Pa. 16, 22 , 140 A. 537 ; Com. v. Howe, 84 Pa. Superior Ct. 295, 297 ) but that the testimony of one accomplice can not be taken as corroboration of another accomplice was squarely

11934–1934
Commonwealth v. DeMasi neutral
pa · 1912
1 sentence

1934So that you may take the corroboration of one co-defendant by the other co-defendant, and if you do not think that is corroboration, if you do not think they are credible witnesses, of course you have no right to accept their testimony.” There is no rule of law in this state that forbids a conviction on the uncorroborated testimony of an accomplice (Com. v. DeMasi, 234 Pa. 570, 572 , 83 A. 601 ; Com. v. Elliot, 292 Pa. 16, 22 , 140 A. 537 ; Com. v. Howe, 84 Pa. Superior Ct. 295, 297 ) but that the testimony of one accomplice can not be taken as corroboration of another accomplice was squarely

11934–1934
Commonwealth v. Reed neutral
pa · 1912
1 sentence

1934So that you may take the corroboration of one co-defendant by the other co-defendant, and if you do not think that is corroboration, if you do not think they are credible witnesses, of course you have no right to accept their testimony.” There is no rule of law in this state that forbids a conviction on the uncorroborated testimony of an accomplice (Com. v. DeMasi, 234 Pa. 570, 572 , 83 A. 601 ; Com. v. Elliot, 292 Pa. 16, 22 , 140 A. 537 ; Com. v. Howe, 84 Pa. Superior Ct. 295, 297 ) but that the testimony of one accomplice can not be taken as corroboration of another accomplice was squarely

11934–1934
Commonwealth v. Elliott green
· 1928
2 sentences

1934So that you may take the corroboration of one co-defendant by the other co-defendant, and if you do not think that is corroboration, if you do not think they are credible witnesses, of course you have no right to accept their testimony.” There is no rule of law in this state that forbids a conviction on the uncorroborated testimony of an accomplice (Com. v. DeMasi, 234 Pa. 570, 572 , 83 A. 601 ; Com. v. Elliot, 292 Pa. 16, 22 , 140 A. 537 ; Com. v. Howe, 84 Pa. Superior Ct. 295, 297 ) but that the testimony of one accomplice can not be taken as corroboration of another accomplice was squarely

1934So that you may take the corroboration of one co-defendant by the other co-defendant, and if you do not think that is corroboration, if you do not think they are credible witnesses, of course you have no right to accept their testimony.” There is no rule of law in this state that forbids a conviction on the uncorroborated testimony of an accomplice (Com. v. DeMasi, 234 Pa. 570, 572 , 83 A. 601 ; Com. v. Elliot, 292 Pa. 16, 22 , 140 A. 537 ; Com. v. Howe, 84 Pa. Superior Ct. 295, 297 ) but that the testimony of one accomplice can not be taken as corroboration of another accomplice was squarely

11934–1934
Commonwealth v. Camwell neutral
pasuperct · 1926
1 sentence

1934But sustaining that assignment, upon *150 the ground stated, would only require us to reverse the sentences and remit the record for new sentences .in conformity with the statute: Com. v. Camwell, supra, and cases there cited.

11934–1934
Commonwealth v. Howe neutral
pasuperct · 1924
1 sentence

1934So that you may take the corroboration of one co-defendant by the other co-defendant, and if you do not think that is corroboration, if you do not think they are credible witnesses, of course you have no right to accept their testimony.” There is no rule of law in this state that forbids a conviction on the uncorroborated testimony of an accomplice (Com. v. DeMasi, 234 Pa. 570, 572 , 83 A. 601 ; Com. v. Elliot, 292 Pa. 16, 22 , 140 A. 537 ; Com. v. Howe, 84 Pa. Superior Ct. 295, 297 ) but that the testimony of one accomplice can not be taken as corroboration of another accomplice was squarely

11934–1934
Newman v. Protective Motor Service Co. green
pa · 1929
1 sentence

1931The third assignment of error relates to the refusal of the court to affirm the third point, as follows: “Care at street crossings is the highest duty of motorists.” The answer of the court was: “The third point has been covered.” This third point is taken verbatim from the language of this court in Newman v. Protective Motor *323 Service Co., 298 Pa. 509 .

11931–1931
Hollister v. Hollister green
pa · 1847
1 sentence

1928In Hollister v. Hollister, 6 Pa. 449 , the husband and wife resided in Pennsylvania.

11928–1928
Commonwealth v. Veley green
pasuperct · 1916
1 sentence

1928On the other branch of the case, however, we are of opinion that,, under the principles announced for this court by our late President Judge Oklady in the case of Com. v. Veley, 63 Pa. Superior Ct. 489 , the trial judge erred in sentencing the appellants upon more than one count in the indictment.

11928–1928
Bedford v. Rosser green
pa · 1925
1 sentence

1928Section 7 of that act declares that if, after a decision is made by the salary board, “any officer shall think that the number of his clerks or deputies is too few, or the compensation fixed for either is too small, as the same may have been determined by the board, he may appeal from the action thereof to the judge or judges of the court of common pleas of the county in which he is an officer.” This right of appeal is from any conclusion reached by the salary board: Bedford v. Rosser, supra. The second assignment of error charges the lower court with error in proceeding with the case and over

11928–1928
Miltimore v. Miltimore & De Borbon neutral
pa · 1861
11924–1924
Barsky v. Lutz & Schramm Co. neutral
pasuperct · 1920
11924–1924
Field v. Field neutral
pasuperct · 1917
11924–1924
Phillips v. Pilling neutral
pa · 1906
11924–1924
Delmont Gas Coal Co. v. Diamond Alkali Co. neutral
pa · 1923
11924–1924
Jessup & Moore Paper Co. v. Piper neutral
circtedpa · 1902
11924–1924
Eaton v. Newhall green
· 1892
11923–1923
Commonwealth v. Trefethen green
mass · 1892
11923–1923
Nordan v. State green
ala · 1904
11923–1923
State v. Ilgenfritz green
mo · 1915
11923–1923
State v. Kelly green
conn · 1904
11923–1923
Boyd v. State green
· 1884
11923–1923
Ward v. Babbitt, Inc. neutral
pa · 1921
11923–1923

Where else courts name it

OH 2000 (1927–2026) OR 127 (1927–2026) LA 94 (1971–2026) OK 88 (1894–2022) NE 71 (1884–2025) VA 60 (1883–2025) TX 58 (1873–2015) PA 40 (1888–1979) TN 38 (1900–1979) NC 33 (1890–2007) WV 30 (1896–2026) WA 24 (1915–2019) MO 21 (1890–2009) MS 19 (1868–1997) IN 17 (1872–1954) AZ 16 (1925–1969) GA 16 (1901–1973) AL 16 (1852–1974) FL 15 (1903–1958) KS 12 (1892–1957) CT 11 (1926–2007) CA 10 (1905–1979) ID 10 (1917–1980) CO 8 (1888–1975) MI 6 (1892–1975) PR 6 (1923–1962) IL 6 (1903–1980) MA 5 (1885–2011) IA 5 (1918–1959) NM 4 (1948–1964) KY 4 (1960–1989) AR 3 (1917–1917) SC 3 (1907–1938) RI 3 (1970–2011) NV 2 (1867–1976) NY 2 (1903–1981) MD 2 (1888–1973) MT 2 (1976–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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